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Disputed winding-up petitions—bare assertion will not suffice (Fenton Whelan Ltd v Swan Campden Hill Ltd)

Published on: 15 September 2021
Published by: LexisPSL
  • Disputed winding-up petitions—bare assertion will not suffice (Fenton Whelan Ltd v Swan Campden Hill Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Restructuring & Insolvency analysis: This case concerned a debt claimed in winding up proceedings that was allegedly disputed. Several counterclaims were also advanced. After a contested hearing the court rejected all grounds of opposition and concluded that the winding-up petition should proceed. The case provides a good example of the court taking a robust approach to disputes/counterclaims advanced in respect of a winding-up petition and requiring such disputes to be properly supported and substantiated with evidence. The case provides a timely reminder that although the bar for establishing a substantial dispute or counterclaim is reasonably low, bare assertion is not enough. Written by Rowena Page, barrister at Maitland Chambers and counsel for the successful petitioner. or take a trial to read the full analysis.

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